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LawpatraLawpatra
BNS, 2023
Start Practicing
BNSChapter XIVSection 238
Section238

Causing disappearance of evidence of offence, or giving false information to screen offender

AI Assist

Summary

Anyone who, knowing or having reason to believe an offence was committed, destroys or hides evidence or gives false information to protect the offender is punishable. Punishment depends on how serious the original offence is: if it is punishable with death, up to seven years and fine; if with life or up to ten years, up to three years and fine; for lesser offences, up to one‑fourth of the maximum imprisonment for that offence, or fine, or both.

Example

Priya learns that Rohan has murdered Z and helps hide the body to protect him. Because murder can be punishable with death, Priya can be imprisoned for up to seven years and also fined under this rule.

Bare Act

Enacted text

Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false shall

  • (a) if the offence which he knows or believes to have been committed is punishable with death be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;

  • (b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine;

  • (c) if the offence is punishable with imprisonment for any term not extending to ten years, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both.

Illustration

A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine.

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XIV

Chapter XIV

Of False Evidence And Offences Against Public Justice

In this chapter

  • 227Giving false evidence
  • 228Fabricating false evidence
  • 229Punishment for false evidence
  • 230Giving or fabricating false evidence with intent to procure conviction of capital offence
  • 231Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
  • 232Threatening any person to give false evidence
  • 233Using evidence known to be false
  • 234Issuing or signing false certificate
  • 235Using as true a certificate known to be false
  • 236False statement made in declaration which is by law receivable as evidence
  • 237Using as true such declaration knowing it to be false
  • 238Causing disappearance of evidence of offence, or giving false information to screen offender
  • 239Intentional omission to give information of offence by person bound to inform
  • 240Giving false information respecting an offence committed
  • 241Destruction of document or electronic record to prevent its production as evidence
  • 242False personation for purpose of act or proceeding in suit or prosecution
  • 243Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution
  • 244Fraudulent claim to property to prevent its seizure as forfeited or in execution
  • 245Fraudulently suffering decree for sum not due
  • 246Dishonestly making false claim in Court
  • 247Fraudulently obtaining decree for sum not due
  • 248False charge of offence made with intent to injure
  • 249Harbouring offender
  • 250Taking gift, etc., to screen an offender from punishment
  • 251Offering gift or restoration of property in consideration of screening offender
  • 252Taking gift to help to recover stolen property, etc
  • 253Harbouring offender who has escaped from custody or whose apprehension has been ordered
  • 254Penalty for harbouring robbers or dacoits
  • 255Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture
  • 256Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture
  • 257Public servant in judicial proceeding corruptly making report, etc., contrary to law
  • 258Commitment for trial or confinement by person having authority who knows that he is acting contrary to law
  • 259Intentional omission to apprehend on the part of public servant bound to apprehend
  • 260Intentional omission to apprehend on the part of public servant bound to apprehend person under sentence or lawfully committed
  • 261Escape from confinement or custody negligently suffered by public servant
  • 262Resistance or obstruction by a person to his lawful apprehension
  • 263Resistance or obstruction to lawful apprehension of another person
  • 264Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise, provided for
  • 265Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for
  • 266Violation of condition of remission of punishment
  • 267Intentional insult or interruption to public servant sitting in judicial proceeding
  • 268Personation of an assessor
  • 269Failure by person released on bail or bond to appear in court
Previous · Section 237Using as true such declaration knowing it to be falseNext · Section 239Intentional omission to give information of offence by person bound to inform